S v Mini and Others (B325/2013)
S v Mini and Others (B325/2013) [2015] ZAWCHC 49 (30 April 2015)
The court found that the admissions and confessions made by accused Nos 1 to 4 were not proved to be voluntary beyond reasonable doubt, given the undisputed assaults by security officers and the lack of proper inquiry into the timing of those assaults relative to the statements. The evidence obtained through coercion, including derivative confessions and identifications, was inadmissible. At the close of the State's case, there was no admissible evidence against accused Nos 1, 3, and 5, and they should have been discharged. The convictions and sentences of these accused were set aside. The co…
Source excerpt
- Admissibility Of Confessions
- Fruit Of The Poisoned Tree
- Voluntariness Of Statements
- Constitutional Rights
- Exclusion Of Evidence
- Assault By Security Officers